5-314 - Force Option- Flash Sound Distraction Devices

The purpose of this policy is to ensure that members who carry weapons and force devices, and who use weapons and force devices, including flash sound distraction devices (FSDDs), adhere to the force guiding principles described in P&P 5-301. The force guiding principles include, but are not limited to, the Sanctity of Life (as incorporated below), the Duty to De-escalate, and Objectively Reasonable, Necessary, and Proportional Force.

MPD and its members shall uphold the sanctity of life (P&P 0-102 and P&P 5-301) by striving to protect and preserve human life in all situations and keep the community and MPD members safe from harm.

Prohibition on Use in Civil Disturbances and Assemblies

In accordance with P&P 7-805, FSDDs shall not be used for crowd control, crowd containment, or crowd dispersal.

Conditions for Use

FSDDs may only be used on a person in accordance with the requirements described below. In addition to the conditions in this policy, the use of FSDDs must be objectively reasonable, necessary, and proportional, and members shall use the lowest degree of force necessary (P&P 5-301). When using FSDDs members must apply the critical decision-making model (CDM) (P&P 7-801) to continually assess the situation and modulate their use accordingly as the subject behavior changes.

Authorization and supervision

FSDDs shall only be distributed by and used under the authority of the SWAT supervisor, who will make a decision about the use of such a device on a case-by-case basis. Situations for use may include, but are not limited to:

• Barricaded person.
• Hostage situation.
• High-risk search warrants.
• When distraction of a violent person may be necessary to take the person into custody or safely control the situation.

Deployment considerations

1. When FSDDs are used, the location of deployment shall be visually observed by the member making the deployment, to reasonably confirm that the deployment is not made directly at or directly next to a person.
2. FSDDs shall not be deployed when members should reasonably know the following circumstances are present:

• In an indoor environment when flammable liquids, explosive gases, or hazardous materials are nearby.
• When there are infants or elderly people present.

Extinguisher Available

When an FSDD will be used, on-scene members shall ensure a dry chemical extinguisher is available (in the event of a fire).

Treatment and Medical Aid

Members shall provide any necessary medical treatment in accordance with P&P 5-301 and P&P 7-350.

Documentation

Members shall document use of FSDDs as a use of force in accordance with the policy on reporting force (P&P 5-302).

Training Required

1. Only members who have completed the required training in the use of these devices shall deploy them.
2. Department approved training shall include the nomenclature, mechanical operation, and tactical deployment of FSDDs.
3. All members of SWAT shall also be trained by the Minneapolis Fire Department in the use of dry chemical fire extinguishers. Emphasis will be placed upon safety considerations and measures to be utilized when using these tools.

Specifications for FSDDs

Members are only authorized to use FSDDs that are issued by the Department.

FSDDs shall be stored in accordance with federal regulations.

• Assembly: An assembly is a group of people gathered together in one place for a common purpose.
• Carry Weapons and Force Devices: Having a weapon or force device on one's person. This includes having it in a pocket, holster, or backpack or similar container, as well as having it slung or having it in hand.
• Civil Disturbance: A civil disturbance, also known as civil disorder or civil unrest, is when a gathering or assembly becomes violent or involves a collective threat of imminent violence, including but not limited to, assaults, significant property damage, arson fires, and bodily injury to people.
• Critical Decision-Making Model: A tool that allows members to organize situational factors and inform their decisions as they respond to police incidents of all degrees of complexity. All sworn members are trained in using the critical decision-making model (CDM). (P&P 7-801)
• Crowd Control: Techniques used to address unlawful public assemblies.
• Flash Sound Distraction Device: A device (also called a "flash-bang" device) that deflagrates and produces a loud bang with a brilliant light that is intended to cause confusion and distraction to provide a tactical team with a few seconds of advantage. (P&P 5-314)
• High-Risk Search Warrant: A search warrant in which known or suspected hazards have been identified and likely might be present during the service of the warrant. The identified hazards are of such significant risk to the safety of individuals that the search warrant exceeds the capabilities of normal patrol and investigative functions. These hazards may include, but are not limited to, suspect factors such as weapon possession and use, and location factors such as obstacles and other approach difficulties.
• Search Warrant: A document issued by the Court authorizing the police to enter and search a person, premises, location or vehicle for purposes of evidence recovery.
• Special Weapons and Tactics Team: A specialized police unit trained and equipped to handle high-risk situations beyond the scope of regular patrol, such as armed barricades, hostage rescues, and high-risk warrant service.
• Subject Behavior:

  Subject Behavior: The actions, language, demeanor and conduct exhibited by a person. The behaviors are used to categorize and assess the degree of cooperation, resistance, or threat posed by the person.

  Complying with Orders: The person is following direction or lawful orders given.

  Passively Resisting: The person is not complying with a member’s commands and is uncooperative but is taking only minimal action to prevent a member from placing the person in custody or taking control of the situation. Examples include:

  • Standing stationary and not moving upon lawful direction.
  • Falling limply and refusing to use their power to move (becoming "dead weight").
  • Verbal non-compliance: Using language that signals an intention to avoid or prevent being taken into custody but does not signal an intent to cause physical harm.

  Actively Resisting: The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance. Examples include:
  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
  Objectively Imminent Physical Harm:
  Aggressively Resisting or Assaultive: The person displays the intent to imminently harm the member, themselves or another person. Examples include:
  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.
  Aggravated Aggressive Resistance or Aggravated Assault: The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death. Examples include:
  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.

• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.
• Use Weapons and Force Devices: Activating or applying a weapon's or force device's mechanical functions, pointing a weapon, or making contact with a person with the weapon or force device. This includes discharging a weapon such as a firearm, chemical aerosol, or impact projectile launcher, deploying a CEW, performing a CEW warning alert, activating a CEW, laser painting a person, applying handcuffs or restraints, and making bodily contact with a person with a baton or other impact weapon.